Western District of Pennsylvania • 3:26-cv-01954

#1

Oct 06, 2026

PETITION for Writ of Habeas Corpus (Filing fee, including Administrative fee, $5, receipt number APAWDC-9928338), filed by Juan Esteban Escobar Fuentes. (Attachments: # 1 Civil Cover Sheet) (Gibbs, Stephanie) (Entered: 10/06/2026)

Oct 07, 2026

Chief Judge Cathy Bissoon presiding. (kss)

#2

Oct 22, 2026

CASE MANAGEMENT ORDER. Petitioner's counsel shall serve the petition and a copy of this Order, via a single e-mail, at: usapaw.civ.imm.2241.moshannon@usdoj.gov (no other documents, pleadings or motions shall be emailed to this address). The subject line must contain only the names of Petitioner and the first-named Respondent, and the civil action number. Voluminous exhibits shall not be emailed. It is ORDERED that email service constitutes formal service. Petitioner's counsel shall file a certificate of compliance, certifying the date and time of service. Within 3 calendar days of the filing of the certificate of compliance, counsel for Respondents shall file a notice of appearance. The Court has reviewed the Petition and supporting materials and finds that the threshold issue is whether Petitioner is subject to discretionary detention under 8 U.S.C. 1226(a), or mandatory detention under 1225(b). Based on the United States Court of Appeals for the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, __ F.4th __, No. 26-1150, No. 26-1454, 2026 WL 2546223, at *1-7 (3d Cir. Aug. 28, 2026), and consistent with this Court's prior decisions on this issue, including Tejeda Perez v. Oddo, No. 3:26-cv-00745, Doc. 8, at 5 (W.D. Pa. May 28, 2026); Shoyimov v. Oddo, No. 3:26-cv-00848, 2026 WL 1541154, at *1 (W.D. Pa. June 2, 2026) (slip copy); Sanchez Calzada v. Mullin, No. 3:26-cv-00897, Doc. 8, at *1-2 (W.D. Pa. June 1, 2026), the Court tentatively intends to grant the Petition to the extent it requests a bond hearing under 1226(a). If Respondents believe there are factual or legal differences between this case and the other cases cited above, they may file a response to the Petition within 14 calendar days of the date of service. If a Response is filed, it shall identify with specificity the factual and legal basis for Petitioner's detention and shall attach any supporting immigration documents. RESPONSES SHALL INCLUDE AS AN ATTACHMENT THE NOTICE(S) TO APPEAR FOR PETITIONER'S CASE. If Respondents contend that Petitioner has any criminal history, then they shall state such history, identify it with specificity, and attach the supporting record(s). Responses are limited to 15 pages; replies require leave of court; and, otherwise, counsel shall comply with the form and timing for briefing outlined in the undersigned's Ps&Ps ( https://www.pawd.uscourts.gov/content/cathy-bissoon-chief-district-judge). Signed by Chief Judge Cathy Bissoon on 10/22/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm) (Entered: 10/22/2026)

Oct 22, 2026

Order